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2001 SESSION

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SB 1331 Pledge of Allegiance.

Introduced by: Warren E. Barry | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Pledge of Allegiance. Requires (i) all students to be required to learn the Pledge of Allegiance and to demonstrate such knowledge and (ii) each school board to require the daily recitation of the Pledge of Allegiance in each classroom of the school division and to ensure that an American flag is in place in each classroom. Each school board must determine the appropriate time during the school day for the recitation of the Pledge. During the Pledge of Allegiance, students must either stand and recite the Pledge while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; however, no student can be compelled to recite the Pledge if he, his parent or legal guardian objects on religious, philosophical, or other grounds. Students who are thus exempt from reciting the Pledge must remain quietly standing or sitting at their desks while others recite the Pledge and must not make any display that disrupts or distracts others who are reciting the Pledge. School boards must provide appropriate accommodations for students who are unable to comply with these procedures due to disability. School board codes of conduct shall apply to disruptive behavior during the recitation of the Pledge in the same manner as provided for other circumstances of similar behavior. The Office of the Attorney General must intervene on behalf of local school boards and must provide legal defense of these provisions.

SUMMARY AS PASSED SENATE:

Pledge of Allegiance. Requires (i) all students to be required to learn the Pledge of Allegiance and to demonstrate such knowledge and (ii) each school board to require the recitation of the Pledge of Allegiance in each classroom of the school division and to ensure that an American flag is in place in each classroom. Each school board must determine the appropriate time during the school day for the recitation of the Pledge. During the Pledge of Allegiance, students must either stand and recite the Pledge while facing the flag with their right hands over their hearts or in an appropriate salute if in uniform; however, no student can be compelled to recite the Pledge if he, his parent or legal guardian objects on religious or philosophical grounds to his participating in this exercise. Students who are thus exempt from reciting the Pledge must remain quietly standing or sitting at their desks while others recite the Pledge and must not make any display that disrupts or distracts others who are reciting the Pledge. School boards must provide appropriate accommodations for students who are unable to comply with these procedures due to disability. School boards must establish rules of conduct that prohibit disruptive behavior during the recitation of the Pledge and must provide, after observing proper due process, a penalty in the form of suspension from regular school attendance until such time as the student provides satisfactory assurances that he will conform to the Pledge or exemption procedures. The Office of the Attorney General must intervene and must provide legal defense of these provisions.

SUMMARY AS INTRODUCED:

Pledge of Allegiance. Requires (i) all students to be required to learn the Pledge of Allegiance and to demonstrate such knowledge and (ii) each school board to require the recitation of the Pledge of Allegiance in each classroom of the school division in which flags are in place. Each school board must determine the appropriate time during the school day for the recitation of the Pledge. During the Pledge of Allegiance, students must either stand and recite the Pledge while facing the flag with their right hands over their hearts or, if the students have an established religious objection, remain quietly standing at their desks while others recite the Pledge and make no distracting display that disrupts or distracts others who are reciting the Pledge. School boards must establish rules of conduct that prohibit disruptive behavior during the recitation of the Pledge and must provide, after observing due process requirements, a penalty in the form of suspension from regular school attendance until such time as the student conforms to the Pledge procedure provided herein. No penalty will, however, be provided to a student for failure to participate in the Pledge of Allegiance on religious grounds if the student provides the principal with a written objection to participation in the Pledge that is signed by an ecclesiastical officer of his religion or is accompanied by a document from an ecclesiastical officer of the relevant religion describing the tenet of the religion on which the student bases the religious objection. No student who objects on religious grounds will be compelled to participate in the Pledge of Allegiance; however, such student must stand quietly during the Pledge of Allegiance. The Office of the Attorney General must intervene and must provide legal defense of these provisions. For the purposes of this section, "an ecclesiastical officer" means any official of any religious body who has been ordained or licensed or granted other recognition or credentials from the relevant religious body to serve as a minister, preacher, pastor, reverend, priest, rabbi, or clergyman regardless of title.